H. Res. 365

In the House of Representatives, U.S.,

March 12, 2002.

Resolved, That upon the adoption of this resolution, the

House shall be considered to have taken from the Speaker’s

table the bill H.R. 1885, with the Senate amendment thereto,

and to have concurred in the Senate amendment with the following amendments:

(1) Amend the title so as to read: ‘‘An Act to enhance the border security of the United States, and for

other purposes.’’.

(2) In lieu of the matter proposed to be inserted by

the amendment of the Senate, insert the following:

1 SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

2 (a) SHORT TITLE.—This Act may be cited as the

3 ‘‘Enhanced Border Security and Visa Entry Reform Act

4 of 2002’’.

5 (b) TABLE OF CONTENTS.—The table of contents for

6 this Act is as follows:

Sec. 1. Short title.

Sec. 2. Definitions.

TITLE I—FUNDING
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Sec. 101. Authorization of appropriations for hiring and training Government

personnel.

Sec. 102. Authorization of appropriations for improvements in technology and

infrastructure.

Sec. 103. Machine-readable visa fees.

TITLE II—INTERAGENCY INFORMATION SHARING

Sec. 201. Interim measures for access to and coordination of law enforcement

and other information.

Sec. 202. Interoperable law enforcement and intelligence data system with

name-matching capacity and training.

Sec. 203. Commission on interoperable data sharing.

TITLE III—VISA ISSUANCE

Sec. 301. Electronic provision of visa files.

Sec. 302. Implementation of an integrated entry and exit data system.

Sec. 303. Machine-readable, tamper-resistant entry and exit documents.

Sec. 304. Terrorist lookout committees.

Sec. 305. Improved training for consular officers.

Sec. 306. Restriction on issuance of visas to nonimmigrants who are from countries that are state sponsors of international terrorism.

Sec. 307. Designation of program countries under the Visa Waiver Program.

Sec. 308. Tracking system for stolen passports.

Sec. 309. Identification documents for certain newly admitted aliens.

TITLE IV—ADMISSION AND INSPECTION OF ALIENS

Sec. 401. Study of the feasibility of a North American National Security Program.

Sec. 402. Passenger manifests.

Sec. 403. Time period for inspections.

TITLE V—FOREIGN STUDENTS AND EXCHANGE VISITORS

Sec. 501. Foreign student monitoring program.

Sec. 502. Review of institutions and other entities authorized to enroll or sponsor certain nonimmigrants.

TITLE VI—MISCELLANEOUS PROVISIONS

Sec. 601. Extension of deadline for improvement in border crossing identification cards.

Sec. 602. General Accounting Office study.

Sec. 603. International cooperation.

Sec. 604. Statutory construction.

Sec. 605. Report on aliens who fail to appear after release on own recognizance.

Sec. 606. Retention of nonimmigrant visa applications by the Department of

State.

Sec. 607. Extension of deadline for classification petition and labor certification

filings.

1 SEC. 2. DEFINITIONS.

2 In this Act:
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1 (1) ALIEN.—The term ‘‘alien’’ has the meaning

2 given the term in section 101(a)(3) of the Immigra3 tion and Nationality Act (8 U.S.C. 1101(a)(3)).

4 (2) APPROPRIATE COMMITTEES OF CON5 GRESS.—The term ‘‘appropriate committees of Con6 gress’’ means the following:

7 (A) The Committee on the Judiciary, the

8 Select Committee on Intelligence, and the Com9 mittee on Foreign Relations of the Senate.

10 (B) The Committee on the Judiciary, the

11 Permanent Select Committee on Intelligence,

12 and the Committee on International Relations

13 of the House of Representatives.

14 (3) FEDERAL LAW ENFORCEMENT AGENCIES.—

15 The term ‘‘Federal law enforcement agencies’’

16 means the following:

17 (A) The United States Secret Service.

18 (B) The Drug Enforcement Administra19 tion.

20 (C) The Federal Bureau of Investigation.

21 (D) The Immigration and Naturalization

22 Service.

23 (E) The United States Marshall Service.

24 (F) The Naval Criminal Investigative Serv25 ice.
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1 (G) The Coastal Security Service.

2 (H) The Diplomatic Security Service.

3 (I) The United States Postal Inspection

4 Service.

5 (J) The Bureau of Alcohol, Tobacco, and

6 Firearms.

7 (K) The United States Customs Service.

8 (L) The National Park Service.

9 (4) INTELLIGENCE COMMUNITY.—The term

10 ‘‘intelligence community’’ has the meaning given

11 that term in section 3(4) of the National Security

12 Act of 1947 (50 U.S.C. 401a(4)).

13 (5) PRESIDENT.—The term ‘‘President’’ means

14 the President of the United States, acting through

15 the Assistant to the President for Homeland Secu16 rity, in coordination with the Secretary of State, the

17 Commissioner of Immigration and Naturalization,

18 the Attorney General, the Director of Central Intel19 ligence, the Director of the Federal Bureau of Inves20 tigation, the Secretary of Transportation, the Com21 missioner of Customs, and the Secretary of the

22 Treasury.

23 (6) USA PATRIOT ACT.—The term ‘‘USA

24 PATRIOT Act’’ means the Uniting and Strength25 ening America by Providing Appropriate Tools Re-
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1 quired to Intercept and Obstruct Terrorism (USA

2 PATRIOT ACT) Act of 2001 (Public Law 107–56).

3 TITLE I—FUNDING

4 SEC. 101. AUTHORIZATION OF APPROPRIATIONS FOR HIR5 ING AND TRAINING GOVERNMENT PER6 SONNEL.

7 (a) ADDITIONAL PERSONNEL.—

8 (1) INS INSPECTORS.—Subject to the avail9 ability of appropriations, during each of the fiscal

10 years 2002 through 2006, the Attorney General

11 shall increase the number of inspectors and associ12 ated support staff in the Immigration and Natu13 ralization Service by the equivalent of at least 200

14 full-time employees over the number of inspectors

15 and associated support staff in the Immigration and

16 Naturalization Service authorized by the USA PA17 TRIOT Act.

18 (2) INS INVESTIGATIVE PERSONNEL.—Subject

19 to the availability of appropriations, during each of

20 the fiscal years 2002 through 2006, the Attorney

21 General shall increase the number of investigative

22 and associated support staff of the Immigration and

23 Naturalization Service by the equivalent of at least

24 200 full-time employees over the number of inves25 tigators and associated support staff in the Immi-
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1 gration and Naturalization Service authorized by the

2 USA PATRIOT Act.

3 (3) AUTHORIZATION OF APPROPRIATIONS.—

4 There are authorized to be appropriated such sums

5 as may be necessary to carry out this subsection, in6 cluding such sums as may be necessary to provide

7 facilities, attorney personnel and support staff, and

8 other resources needed to support the increased

9 number of inspectors, investigative staff, and associ10 ated support staff.

11 (b) WAIVER OF FTE LIMITATION.—The Attorney

12 General is authorized to waive any limitation on the num13 ber of full-time equivalent personnel assigned to the Immi14 gration and Naturalization Service.

15 (c) AUTHORIZATION OF APPROPRIATIONS FOR INS

16 STAFFING.—

17 (1) IN GENERAL.—There are authorized to be

18 appropriated for the Department of Justice such

19 sums as may be necessary to provide an increase in

20 the annual rate of basic pay—

21 (A) for all journeyman Border Patrol

22 agents and inspectors who have completed at

23 least one year’s service and are receiving an an24 nual rate of basic pay for positions at GS–9 of

25 the General Schedule under section 5332 of
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1 title 5, United States Code, from the annual

2 rate of basic pay payable for positions at GS–

3 9 of the General Schedule under such section

4 5332, to an annual rate of basic pay payable

5 for positions at GS–11 of the General Schedule

6 under such section 5332;

7 (B) for inspections assistants, from the an8 nual rate of basic pay payable for positions at

9 GS–5 of the General Schedule under section

10 5332 of title 5, United States Code, to an an11 nual rate of basic pay payable for positions at

12 GS–7 of the General Schedule under such sec13 tion 5332; and

14 (C) for the support staff associated with

15 the personnel described in subparagraphs (A)

16 and (B), at the appropriate GS level of the

17 General Schedule under such section 5332.

18 (d) AUTHORIZATION OF APPROPRIATIONS FOR

19 TRAINING.—There are authorized to be appropriated such

20 sums as may be necessary—

21 (1) to appropriately train Immigration and Nat22 uralization Service personnel on an ongoing basis—

23 (A) to ensure that their proficiency levels

24 are acceptable to protect the borders of the

25 United States; and
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1 (B) otherwise to enforce and administer

2 the laws within their jurisdiction; and

3 (2) to provide adequate continuing cross-train4 ing to agencies staffing the United States border

5 and ports of entry to effectively and correctly apply

6 applicable United States laws;

7 (3) to fully train immigration officers to use the

8 appropriate lookout databases and to monitor pas9 senger traffic patterns; and

10 (4) to expand the Carrier Consultant Program

11 described in section 235(b) of the Immigration and

12 Nationality Act (8 U.S.C. 1225A(b)).

13 (e) AUTHORIZATION OF APPROPRIATIONS FOR CON14 SULAR FUNCTIONS.—

15 (1) RESPONSIBILITIES.—The Secretary of State

16 shall—

17 (A) implement enhanced security measures

18 for the review of visa applicants;

19 (B) staff the facilities and programs asso20 ciated with the activities described in subpara21 graph (A); and

22 (C) provide ongoing training for consular

23 officers and diplomatic security agents.

24 (2) AUTHORIZATION OF APPROPRIATIONS.—

25 There are authorized to be appropriated for the De-
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1 partment of State such sums as may be necessary

2 to carry out paragraph (1).

3 SEC. 102. AUTHORIZATION OF APPROPRIATIONS FOR IM4 PROVEMENTS IN TECHNOLOGY AND INFRA5 STRUCTURE.

6 (a) FUNDING OF TECHNOLOGY.—

7 (1) AUTHORIZATION OF APPROPRIATIONS.—In

8 addition to funds otherwise available for such pur9 pose, there are authorized to be appropriated

10 $150,000,000 to the Immigration and Naturaliza11 tion Service for purposes of—

12 (A) making improvements in technology

13 (including infrastructure support, computer se14 curity, and information technology develop15 ment) for improving border security;

16 (B) expanding, utilizing, and improving

17 technology to improve border security; and

18 (C) facilitating the flow of commerce and

19 persons at ports of entry, including improving

20 and expanding programs for preenrollment and

21 preclearance.

22 (2) WAIVER OF FEES.—Federal agencies in23 volved in border security may waive all or part of en24 rollment fees for technology-based programs to en25 courage participation by United States citizens and
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1 aliens in such programs. Any agency that waives any

2 part of any such fee may establish its fees for other

3 services at a level that will ensure the recovery from

4 other users of the amounts waived.

5 (3) OFFSET OF INCREASES IN FEES.—The At6 torney General may, to the extent reasonable, in7 crease land border fees for the issuance of arrival8 departure documents to offset technology costs.

9 (b) IMPROVEMENT AND EXPANSION OF INS, STATE

10 DEPARTMENT, AND CUSTOMS FACILITIES.—There are

11 authorized to be appropriated to the Immigration and

12 Naturalization Service and the Department of State such

13 sums as may be necessary to improve and expand facilities

14 for use by the personnel of those agencies.

15 SEC. 103. MACHINE–READABLE VISA FEES.

16 (a) RELATION TO SUBSEQUENT AUTHORIZATION

17 ACTS.—Section 140(a) of the Foreign Relations Author18 ization Act, Fiscal Years 1994 and 1995 (Public Law

19 103–236) is amended by striking paragraph (3).

20 (b) FEE AMOUNT.—The machine-readable visa fee

21 charged by the Department of State shall be the higher

22 of $65 or the cost of the machine-readable visa service,

23 as determined by the Secretary of State after conducting

24 a study of the cost of such service.
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1 (c) SURCHARGE.—The Department of State is au2 thorized to charge a surcharge of $10, in addition to the

3 machine-readable visa fee, for issuing a machine-readable

4 visa in a nonmachine-readable passport.

5 (d) AVAILABILITY OF COLLECTED FEES.—Notwith6 standing any other provision of law, amounts collected as

7 fees described in this section shall be credited as an offset8 ting collection to any appropriation for the Department

9 of State to recover costs of providing consular services.

10 Amounts so credited shall be available, until expended, for

11 the same purposes as the appropriation to which credited.

12 TITLE II—INTERAGENCY

13 INFORMATION SHARING

14 SEC. 201. INTERIM MEASURES FOR ACCESS TO AND CO15 ORDINATION OF LAW ENFORCEMENT AND

16 OTHER INFORMATION.

17 (a) INTERIM DIRECTIVE.—Until the plan required by

18 subsection (c) is implemented, Federal law enforcement

19 agencies and the intelligence community shall, to the max20 imum extent practicable, share any information with the

21 Department of State and the Immigration and Naturaliza22 tion Service relevant to the admissibility and deportability

23 of aliens, consistent with the plan described in subsection

24 (c).
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1 (b) REPORT IDENTIFYING LAW ENFORCEMENT AND

2 INTELLIGENCE INFORMATION.—

3 (1) IN GENERAL.—Not later than 120 days

4 after the date of enactment of this Act, the Presi5 dent shall submit to the appropriate committees of

6 Congress a report identifying Federal law enforce7 ment and the intelligence community information

8 needed by the Department of State to screen visa

9 applicants, or by the Immigration and Naturaliza10 tion Service to screen applicants for admission to the

11 United States, and to identify those aliens inadmis12 sible or deportable under the Immigration and Na13 tionality Act.

14 (2) REPEAL.—Section 414(d) of the USA PA15 TRIOT Act is hereby repealed.

16 (c) COORDINATION PLAN.—

17 (1) REQUIREMENT FOR PLAN.—Not later than

18 one year after the date of enactment of the USA

19 PATRIOT Act, the President shall develop and im20 plement a plan based on the findings of the report

21 under subsection (b) that requires Federal law en22 forcement agencies and the intelligence community

23 to provide to the Department of State and the Im24 migration and Naturalization Service all information
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1 identified in that report as expeditiously as prac2 ticable.

3 (2) CONSULTATION REQUIREMENT.—In the

4 preparation and implementation of the plan under

5 this subsection, the President shall consult with the

6 appropriate committees of Congress.

7 (3) PROTECTIONS REGARDING INFORMATION

8 AND USES THEREOF.—The plan under this sub9 section shall establish conditions for using the infor10 mation described in subsection (b) received by the

11 Department of State and Immigration and Natu12 ralization Service—

13 (A) to limit the redissemination of such in14 formation;

15 (B) to ensure that such information is

16 used solely to determine whether to issue a visa

17 to an alien or to determine the admissibility or

18 deportability of an alien to the United States,

19 except as otherwise authorized under Federal

20 law;

21 (C) to ensure the accuracy, security, and

22 confidentiality of such information;

23 (D) to protect any privacy rights of indi24 viduals who are subjects of such information;
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1 (E) to provide data integrity through the

2 timely removal and destruction of obsolete or

3 erroneous names and information; and

4 (F) in a manner that protects the sources

5 and methods used to acquire intelligence infor6 mation as required by section 103(c)(6) of the

7 National Security Act of 1947 (50 U.S.C. 403–

8 3(c)(6)).

9 (4) CRIMINAL PENALTIES FOR MISUSE OF IN10 FORMATION.—Any person who obtains information

11 under this subsection without authorization or ex12 ceeding authorized access (as defined in section

13 1030(e) of title 18, United States Code), and who

14 uses such information in the manner described in

15 any of the paragraphs (1) through (7) of section

16 1030(a) of such title, or attempts to use such infor17 mation in such manner, shall be subject to the same

18 penalties as are applicable under section 1030(c) of

19 such title for violation of that paragraph.

20 (5) ADVANCING DEADLINES FOR A TECH21 NOLOGY STANDARD AND REPORT.—Section 403(c)

22 of the USA PATRIOT Act is amended—

23 (A) in paragraph (1), by striking ‘‘2

24 years’’ and inserting ‘‘one year’’; and
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1 (B) in paragraph (4), by striking ‘‘18

2 months’’ and inserting ‘‘six months’’.

3 SEC. 202. INTEROPERABLE LAW ENFORCEMENT AND IN4 TELLIGENCE DATA SYSTEM WITH NAME5 MATCHING CAPACITY AND TRAINING.

6 (a) INTEROPERABLE LAW ENFORCEMENT AND IN7 TELLIGENCE ELECTRONIC DATA SYSTEM.—

8 (1) REQUIREMENT FOR INTEGRATED IMMIGRA9 TION AND NATURALIZATION DATA SYSTEM.—The

10 Immigration and Naturalization Service shall fully

11 integrate all databases and data systems maintained

12 by the Service that process or contain information

13 on aliens. The fully integrated data system shall be

14 an interoperable component of the electronic data

15 system described in paragraph (2).

16 (2) REQUIREMENT FOR INTEROPERABLE DATA

17 SYSTEM.—Upon the date of commencement of im18 plementation of the plan required by section 201(c),

19 the President shall develop and implement an inter20 operable electronic data system to provide current

21 and immediate access to information in databases of

22 Federal law enforcement agencies and the intel23 ligence community that is relevant to determine

24 whether to issue a visa or to determine the admissi25 bility or deportability of an alien.
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1 (3) CONSULTATION REQUIREMENT.—In the de2 velopment and implementation of the data system

3 under this subsection, the President shall consult

4 with the Director of the National Institute of Stand5 ards and Technology (NIST) and any such other

6 agency as may be deemed appropriate.

7 (4) TECHNOLOGY STANDARD.—

8 (A) IN GENERAL.—The data system devel9 oped and implemented under this subsection,

10 and the databases referred to in paragraph (2),

11 shall utilize the technology standard established

12 pursuant to section 403(c) of the USA PA13 TRIOT Act, as amended by section 201(c)(5)

14 and subparagraph (B).

15 (B) CONFORMING AMENDMENT.—Section

16 403(c) of the USA PATRIOT Act, as amended

17 by section 201(c)(5), is further amended—

18 (i) in paragraph (1), by inserting ‘‘,

19 including appropriate biometric identifier

20 standards,’’ after ‘‘technology standard’’;

21 and

22 (ii) in paragraph (2) —

23 (I) by striking ‘‘INTEGRATED’’

24 and inserting ‘‘INTEROPERABLE’’; and
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1 (II) by striking ‘‘integrated’’ and

2 inserting ‘‘interoperable’’.

3 (5) ACCESS TO INFORMATION IN DATA SYS4 TEM.—Subject to paragraph (6), information in the

5 data system under this subsection shall be readily

6 and easily accessible—

7 (A) to any consular officer responsible for

8 the issuance of visas;

9 (B) to any Federal official responsible for

10 determining an alien’s admissibility to or de11 portability from the United States; and

12 (C) to any Federal law enforcement or in13 telligence officer determined by regulation to be

14 responsible for the investigation or identifica15 tion of aliens.

16 (6) LIMITATION ON ACCESS.—The President

17 shall, in accordance with applicable Federal laws, es18 tablish procedures to restrict access to intelligence

19 information in the data system under this sub20 section, and the databases referred to in paragraph

21 (2), under circumstances in which such information

22 is not to be disclosed directly to Government officials

23 under paragraph (5).

24 (b) NAME-SEARCH CAPACITY AND SUPPORT.—
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1 (1) IN GENERAL.—The interoperable electronic

2 data system required by subsection (a) shall—

3 (A) have the capacity to compensate for

4 disparate name formats among the different

5 databases referred to in subsection (a);

6 (B) be searchable on a linguistically sen7 sitive basis;

8 (C) provide adequate user support;

9 (D) to the extent practicable, utilize com10 mercially available technology; and

11 (E) be adjusted and improved, based upon

12 experience with the databases and improve13 ments in the underlying technologies and

14 sciences, on a continuing basis.

15 (2) LINGUISTICALLY SENSITIVE SEARCHES.—

16 (A) IN GENERAL.—To satisfy the require17 ment of paragraph (1)(B), the interoperable

18 electronic database shall be searchable based on

19 linguistically sensitive algorithms that—

20 (i) account for variations in name for21 mats and transliterations, including varied

22 spellings and varied separation or combina23 tion of name elements, within a particular

24 language; and
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1 (ii) incorporate advanced linguistic,

2 mathematical, statistical, and anthropo3 logical research and methods.

4 (B) LANGUAGES REQUIRED.—

5 (i) PRIORITY LANGUAGES.—Linguis6 tically sensitive algorithms shall be devel7 oped and implemented for no fewer than 4

8 languages designated as high priorities by

9 the Secretary of State, after consultation

10 with the Attorney General and the Direc11 tor of Central Intelligence.

12 (ii) IMPLEMENTATION SCHEDULE.—

13 Of the 4 linguistically sensitive algorithms

14 required to be developed and implemented

15 under clause (i)—

16 (I) the highest priority language

17 algorithms shall be implemented with18 in 18 months after the date of enact19 ment of this Act; and

20 (II) an additional language algo21 rithm shall be implemented each suc22 ceeding year for the next three years.

23 (3) ADEQUATE USER SUPPORT.—The Secretary

24 of State and the Attorney General shall jointly pre25 scribe procedures to ensure that consular and immi-
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1 gration officers can, as required, obtain assistance in

2 resolving identity and other questions that may arise

3 about names of aliens seeking visas or admission to

4 the United States that may be subject to variations

5 in format, transliteration, or other similar phe6 nomenon.

7 (4) INTERIM REPORTS.—Six months after the

8 date of enactment of this Act, the President shall

9 submit a report to the appropriate committees of

10 Congress on the progress in implementing each re11 quirement of this section.

12 (5) REPORTS BY INTELLIGENCE AGENCIES.—

13 (A) CURRENT STANDARDS.—Not later

14 than 60 days after the date of enactment of

15 this Act, the Director of Central Intelligence

16 shall complete the survey and issue the report

17 previously required by section 309(a) of the In18 telligence Authorization Act for Fiscal Year

19 1998 (50 U.S.C. 403–3 note).

20 (B) GUIDELINES.—Not later than 120

21 days after the date of enactment of this Act,

22 the Director of Intelligence shall issue the

23 guidelines and submit the copy of those guide24 lines previously required by section 309(b) of
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1 the Intelligence Authorization Act for Fiscal

2 Year 1998 (50 U.S.C. 403–3 note).

3 (6) AUTHORIZATION OF APPROPRIATIONS.—

4 There are authorized to be appropriated such sums

5 as are necessary to carry out the provisions of this

6 subsection.

7 SEC. 203. COMMISSION ON INTEROPERABLE DATA SHAR8 ING.

9 (a) ESTABLISHMENT.—Not later than one year after

10 the date of enactment of the USA PATRIOT Act, the

11 President shall establish a Commission on Interoperable

12 Data Sharing (in this section referred to as the ‘‘Commis13 sion’’). The purposes of the Commission shall be to—

14 (1) monitor the protections described in section

15 201(c)(3);

16 (2) provide oversight of the interoperable elec17 tronic data system described in this title; and

18 (3) report to Congress annually on the Commis19 sion’s findings and recommendations.

20 (b) COMPOSITION.—The Commission shall consist of

21 nine members, who shall be appointed by the President,

22 as follows:

23 (1) One member, who shall serve as Chair of

24 the Commission.
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1 (2) Eight members, who shall be appointed

2 from a list of nominees jointly provided by the

3 Speaker of the House of Representatives, the Minor4 ity Leader of the House of Representatives, the Ma5 jority Leader of the Senate, and the Minority Lead6 er of the Senate.

7 (c) CONSIDERATIONS.—The Commission shall con8 sider recommendations regarding the following issues:

9 (1) Adequate protection of privacy concerns in10 herent in the design, implementation, or operation of

11 the interoperable electronic data system.

12 (2) Timely adoption of security innovations,

13 consistent with generally accepted security stand14 ards, to protect the integrity and confidentiality of

15 information to prevent against the risks of acci16 dental or unauthorized loss, access, destruction, use

17 modification, or disclosure of information.

18 (3) The adequacy of mechanisms to permit the

19 timely correction of errors in data maintained by the

20 interoperable data system.

21 (4) Other protections against unauthorized use

22 of data to guard against the misuse of the interoper23 able data system or the data maintained by the sys24 tem, including recommendations for modifications to
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1 existing laws and regulations to sanction misuse of

2 the system.

3 (d) AUTHORIZATION OF APPROPRIATIONS.—There

4 are authorized to be appropriated to the Commission such

5 sums as may be necessary to carry out this section.

6 TITLE III—VISA ISSUANCE

7 SEC. 301. ELECTRONIC PROVISION OF VISA FILES.

8 Section 221(a) of the Immigration and Nationality

9 Act (8 U.S.C. 1201(a)) is amended—

10 (1) by redesignating paragraphs (1) and (2) as

11 subparagraphs (A) and (B), respectively;

12 (2) by inserting ‘‘(1)’’ immediately after ‘‘(a)’’;

13 and

14 (3) by adding at the end the following:

15 ‘‘(2) The Secretary of State shall provide to the Serv16 ice an electronic version of the visa file of an alien who

17 has been issued a visa to ensure that the data in that visa

18 file is available to immigration inspectors at the United

19 States ports of entry before the arrival of the alien at such

20 a port of entry.’’.

21 SEC. 302. IMPLEMENTATION OF AN INTEGRATED ENTRY

22 AND EXIT DATA SYSTEM.

23 (a) DEVELOPMENT OF SYSTEM.—In developing the

24 integrated entry and exit data system for the ports of

25 entry, as required by the Immigration and Naturalization
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1 Service Data Management Improvement Act of 2000

2 (Public Law 106–215), the Attorney General and the Sec3 retary of State shall—

4 (1) implement, fund, and use a technology

5 standard under section 403(c) of the USA PA6 TRIOT Act (as amended by sections 201(c)(5) and

7 202(a)(3)(B)) at United States ports of entry and at

8 consular posts abroad;

9 (2) establish a database containing the arrival

10 and departure data from machine-readable visas,

11 passports, and other travel and entry documents

12 possessed by aliens; and

13 (3) make interoperable all security databases

14 relevant to making determinations of admissibility

15 under section 212 of the Immigration and Nation16 ality Act (8 U.S.C. 1182).

17 (b) IMPLEMENTATION.—In implementing the provi18 sions of subsection (a), the Immigration and Naturaliza19 tion Service and the Department of State shall—

20 (1) utilize technologies that facilitate the lawful

21 and efficient cross-border movement of commerce

22 and persons without compromising the safety and

23 security of the United States; and

24 (2) consider implementing the North American

25 National Security Program described in section 401.
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1 SEC. 303. MACHINE-READABLE, TAMPER-RESISTANT ENTRY

2 AND EXIT DOCUMENTS.

3 (a) REPORT.—

4 (1) IN GENERAL.—Not later than 180 days

5 after the date of enactment of this Act, the Attorney

6 General, the Secretary of State, and the National

7 Institute of Standards and Technology (NIST), act8 ing jointly, shall submit to the appropriate commit9 tees of Congress a comprehensive report assessing

10 the actions that will be necessary, and the consider11 ations to be taken into account, to achieve fully, not

12 later than October 26, 2003—

13 (A) implementation of the requirements of

14 subsections (b) and (c); and

15 (B) deployment of the equipment and soft16 ware to allow biometric comparison of the docu17 ments described in subsections (b) and (c).

18 (2) ESTIMATES.—In addition to the assessment

19 required by paragraph (1), each report shall include

20 an estimate of the costs to be incurred, and the per21 sonnel, man-hours, and other support required, by

22 the Department of Justice, the Department of State,

23 and NIST to achieve the objectives of subparagraphs

24 (A) and (B) of paragraph (1).

25 (b) REQUIREMENTS.—
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1 (1) IN GENERAL.—Not later than October 26,

2 2003, the Attorney General and the Secretary of

3 State shall issue to aliens only machine-readable,

4 tamper-resistant visas and travel and entry docu5 ments that use biometric identifiers. The Attorney

6 General and the Secretary of State shall jointly es7 tablish biometric identifiers standards to be em8 ployed on such visas and travel and entry documents

9 from among those biometric identifiers recognized by

10 domestic and international standards organizations.

11 (2) READERS AND SCANNERS AT PORTS OF

12 ENTRY.—

13 (A) IN GENERAL.—Not later than October

14 26, 2003, the Attorney General, in consultation

15 with the Secretary of State, shall install at all

16 ports of entry of the United States equipment

17 and software to allow biometric comparison of

18 all United States visas and travel and entry

19 documents issued to aliens, and passports

20 issued pursuant to subsection (c)(1).

21 (B) USE OF READERS AND SCANNERS.—

22 The Attorney General, in consultation with the

23 Secretary of State, shall utilize biometric data

24 readers and scanners that—
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1 (i) domestic and international stand2 ards organizations determine to be highly

3 accurate when used to verify identity; and

4 (ii) can read the biometric identifiers

5 utilized under subsections (b)(1) and

6 (c)(1).

7 (3) USE OF TECHNOLOGY STANDARD.—The

8 systems employed to implement paragraphs (1) and

9 (2) shall utilize the technology standard established

10 pursuant to section 403(c) of the USA PATRIOT

11 Act, as amended by section 201(c)(5) and

12 202(a)(3)(B).

13 (c) TECHNOLOGY STANDARD FOR VISA WAIVER PAR14 TICIPANTS.—

15 (1) CERTIFICATION REQUIREMENT.—Not later

16 than October 26, 2003, the government of each

17 country that is designated to participate in the visa

18 waiver program established under section 217 of the

19 Immigration and Nationality Act shall certify, as a

20 condition for designation or continuation of that des21 ignation, that it has a program to issue to its na22 tionals machine-readable passports that are tamper23 resistant and incorporate biometric identifiers that

24 comply with applicable biometric identifiers stand25 ards established by the International Civil Aviation
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1 Organization. This paragraph shall not be construed

2 to rescind the requirement of section 217(a)(3) of

3 the Immigration and Nationality Act.

4 (2) USE OF TECHNOLOGY STANDARD.—On and

5 after October 26, 2003, any alien applying for ad6 mission under the visa waiver program shall present

7 a passport that meets the requirements of paragraph

8 (1) unless the alien’s passport was issued prior to

9 that date.

10 (d) AUTHORIZATION OF APPROPRIATIONS.—There

11 are authorized to be appropriated such sums as may be

12 necessary to carry out this section, including reimburse13 ment to international and domestic standards organiza14 tions.

15 SEC. 304. TERRORIST LOOKOUT COMMITTEES.

16 (a) ESTABLISHMENT.—The Secretary of State shall

17 require a terrorist lookout committee to be maintained

18 within each United States mission.

19 (b) PURPOSE.—The purpose of each committee es20 tablished under subsection (a) shall be—

21 (1) to utilize the cooperative resources of all ele22 ments of the United States mission in the country

23 in which the consular post is located to identify

24 known or potential terrorists and to develop infor25 mation on those individuals;
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1 (2) to ensure that such information is routinely

2 and consistently brought to the attention of appro3 priate United States officials for use in admin4 istering the immigration laws of the United States;

5 and

6 (3) to ensure that the names of known and sus7 pected terrorists are entered into the appropriate

8 lookout databases.

9 (c) COMPOSITION; CHAIR.—The Secretary shall es10 tablish rules governing the composition of such commit11 tees.

12 (d) MEETINGS.—The committee shall meet at least

13 monthly to share information pertaining to the commit14 tee’s purpose as described in subsection (b)(2).

15 (e) PERIODIC REPORTS.—The committee shall sub16 mit quarterly reports to the Secretary of State describing

17 the committee’s activities, whether or not information on

18 known or suspected terrorists was developed during the

19 quarter.

20 (f) AUTHORIZATION OF APPROPRIATIONS.—There

21 are authorized to be appropriated such sums as may be

22 necessary to implement this section.

23 SEC. 305. IMPROVED TRAINING FOR CONSULAR OFFICERS.

24 (a) TRAINING.—The Secretary of State shall require

25 that all consular officers responsible for adjudicating visa
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1 applications, before undertaking to perform consular re2 sponsibilities, receive specialized training in the effective

3 screening of visa applicants who pose a potential threat

4 to the safety or security of the United States. Such offi5 cers shall be specially and extensively trained in the identi6 fication of aliens inadmissible under section 212(a)(3) (A)

7 and (B) of the Immigration and Nationality Act, inter8 agency and international intelligence sharing regarding

9 terrorists and terrorism, and cultural-sensitivity toward

10 visa applicants.

11 (b) USE OF FOREIGN INTELLIGENCE INFORMA12 TION.—As an ongoing component of the training required

13 in subsection (a), the Secretary of State shall coordinate

14 with the Assistant to the President for Homeland Secu15 rity, Federal law enforcement agencies, and the intel16 ligence community to compile and disseminate to the Bu17 reau of Consular Affairs reports, bulletins, updates, and

18 other current unclassified information relevant to terror19 ists and terrorism and to screening visa applicants who

20 pose a potential threat to the safety or security of the

21 United States.

22 (c) AUTHORIZATION OF APPROPRIATIONS.—There

23 are authorized to be appropriated such sums as may be

24 necessary to implement this section.
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1 SEC. 306. RESTRICTION ON ISSUANCE OF VISAS TO NON2 IMMIGRANTS FROM COUNTRIES THAT ARE

3 STATE SPONSORS OF INTERNATIONAL TER4 RORISM.

5 (a) IN GENERAL.—No nonimmigrant visa under sec6 tion 101(a)(15) of the Immigration and Nationality Act

7 (8 U.S.C. 1101(a)(15)) shall be issued to any alien from

8 a country that is a state sponsor of international terrorism

9 unless the Secretary of State determines, in consultation

10 with the Attorney General and the heads of other appro11 priate United States agencies, that such alien does not

12 pose a threat to the safety or national security of the

13 United States. In making a determination under this sub14 section, the Secretary of State shall apply standards devel15 oped by the Secretary of State, in consultation with the

16 Attorney General and the heads of other appropriate

17 United States agencies, that are applicable to the nation18 als of such states.

19 (b) STATE SPONSOR OF INTERNATIONAL TERRORISM

20 DEFINED.—

21 (1) IN GENERAL.—In this section, the term

22 ‘‘state sponsor of international terrorism’’ means

23 any country the government of which has been de24 termined by the Secretary of State under any of the

25 laws specified in paragraph (2) to have repeatedly

26 provided support for acts of international terrorism.
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1 (2) LAWS UNDER WHICH DETERMINATIONS

2 WERE MADE.—The laws specified in this paragraph

3 are the following:

4 (A) Section 6(j)(1)(A) of the Export Ad5 ministration Act of 1979 (or successor statute).

6 (B) Section 40(d) of the Arms Export

7 Control Act.

8 (C) Section 620A(a) of the Foreign Assist9 ance Act of 1961.

10 SEC. 307. DESIGNATION OF PROGRAM COUNTRIES UNDER

11 THE VISA WAIVER PROGRAM.

12 (a) REPORTING PASSPORT THEFTS.—As a condition

13 of a country’s initial designation or continued designation

14 for participation in the visa waiver program under section

15 217 of the Immigration and Nationality Act (8 U.S.C.

16 1187), the Attorney General and the Secretary of State

17 shall consider whether the country reports to the United

18 States Government on a timely basis the theft of blank

19 passports issued by that country.

20 (b) CHECK OF LOOKOUT DATABASES.—Prior to the

21 admission of an alien under the visa waiver program es22 tablished under section 217 of the Immigration and Na23 tionality Act (8 U.S.C. 1187), the Immigration and Natu24 ralization Service shall determine that the applicant for

25 admission does not appear in any of the appropriate look-
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1 out databases available to immigration inspectors at the

2 time the alien seeks admission to the United States.

3 SEC. 308. TRACKING SYSTEM FOR STOLEN PASSPORTS.

4 (a) ENTERING STOLEN PASSPORT IDENTIFICATION

5 NUMBERS IN THE INTEROPERABLE DATA SYSTEM.—

6 (1) IN GENERAL.—Beginning with implementa7 tion under section 202 of the law enforcement and

8 intelligence data system, not later than 72 hours

9 after receiving notification of the loss or theft of a

10 United States or foreign passport, the Attorney Gen11 eral and the Secretary of State, as appropriate, shall

12 enter into such system the corresponding identifica13 tion number for the lost or stolen passport.

14 (2) ENTRY OF INFORMATION ON PREVIOUSLY

15 LOST OR STOLEN PASSPORTS.—To the extent prac16 ticable, the Attorney General, in consultation with

17 the Secretary of State, shall enter into such system

18 the corresponding identification numbers for the

19 United States and foreign passports lost or stolen

20 prior to the implementation of such system.

21 (b) TRANSITION PERIOD.—Until such time as the law

22 enforcement and intelligence data system described in sec23 tion 202 is fully implemented, the Attorney General shall

24 enter the data described in subsection (a) into an existing
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1 data system being used to determine the admissibility or

2 deportability of aliens.

3 SEC. 309. IDENTIFICATION DOCUMENTS FOR CERTAIN

4 NEWLY ADMITTED ALIENS.

5 Not later than 180 days after the date of enactment

6 of this Act, the Attorney General shall ensure that, imme7 diately upon the arrival in the United States of an indi8 vidual admitted under section 207 of the Immigration and

9 Nationality Act (8 U.S.C. 1157), or immediately upon an

10 alien being granted asylum under section 208 of such Act

11 (8 U.S.C. 1158), the alien will be issued an employment

12 authorization document. Such document shall, at a min13 imum, contain the fingerprint and photograph of such

14 alien.

15 TITLE IV—ADMISSION AND

16 INSPECTION OF ALIENS

17 SEC. 401. STUDY OF THE FEASIBILITY OF A NORTH AMER18 ICAN NATIONAL SECURITY PROGRAM.

19 (a) IN GENERAL.—The President shall conduct a

20 study of the feasibility of establishing a North American

21 National Security Program to enhance the mutual security

22 and safety of the United States, Canada, and Mexico.

23 (b) STUDY ELEMENTS.—In conducting the study re24 quired by subsection (a), the officials specified in sub25 section (a) shall consider the following:
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1 (1) PRECLEARANCE.—The feasibility of estab2 lishing a program enabling foreign national travelers

3 to the United States to submit voluntarily to a

4 preclearance procedure established by the Depart5 ment of State and the Immigration and Naturaliza6 tion Service to determine whether such travelers are

7 admissible to the United States under section 212 of

8 the Immigration and Nationality Act (8 U.S.C.

9 1182). Consideration shall be given to the feasibility

10 of expanding the preclearance program to include

11 the preclearance both of foreign nationals traveling

12 to Canada and foreign nationals traveling to Mexico.

13 (2) PREINSPECTION.—The feasibility of ex14 panding preinspection facilities at foreign airports as

15 described in section 235A of the Immigration and

16 Nationality Act (8 U.S.C. 1225). Consideration shall

17 be given to the feasibility of expanding

18 preinspections to foreign nationals on air flights des19 tined for Canada and Mexico, and the cross training

20 and funding of inspectors from Canada and Mexico.

21 (3) CONDITIONS.—A determination of the

22 measures necessary to ensure that the conditions re23 quired by section 235A(a)(5) of the Immigration

24 and Nationality Act (8 U.S.C. 1225a(a)(5)) are sat25 isfied, including consultation with experts recognized
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1 for their expertise regarding the conditions required

2 by that section.

3 (c) REPORT.—Not later than 1 year after the date

4 of enactment of this Act, the President shall submit to

5 the appropriate committees of Congress a report setting

6 forth the findings of the study conducted under subsection

7 (a).

8 (d) AUTHORIZATION OF APPROPRIATIONS.—There

9 are authorized to be appropriated such sums as may be

10 necessary to carry out this section.

11 SEC. 402. PASSENGER MANIFESTS.

12 (a) IN GENERAL.—Section 231 of the Immigration

13 and Nationality Act (8 U.S.C. 1221(a)) is amended—

14 (1) by striking subsections (a), (b), (d), and (e);

15 (2) by redesignating subsection (c) as sub16 section (i); and

17 (3) by inserting after ‘‘SEC. 231.’’ the following

18 new subsections: ‘‘(a) ARRIVAL MANIFESTS.—For

19 each commercial vessel or aircraft transporting any

20 person to any seaport or airport of the United

21 States from any place outside the United States, it

22 shall be the duty of an appropriate official specified

23 in subsection (d) to provide to an immigration offi24 cer at that port manifest information about each

25 passenger, crew member, and other occupant trans-
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1 ported on such vessel or aircraft prior to arrival at

2 that port.

3 ‘‘(b) DEPARTURE MANIFESTS.—For each commercial

4 vessel or aircraft taking passengers on board at any sea5 port or airport of the United States, who are destined to

6 any place outside the United States, it shall be the duty

7 of an appropriate official specified in subsection (d) to pro8 vide an immigration officer before departure from such

9 port manifest information about each passenger, crew

10 member, and other occupant to be transported.

11 ‘‘(c) CONTENTS OF MANIFEST.—The information to

12 be provided with respect to each person listed on a mani13 fest required to be provided under subsection (a) or (b)

14 shall include—

15 ‘‘(1) complete name;

16 ‘‘(2) date of birth;

17 ‘‘(3) citizenship;

18 ‘‘(4) sex;

19 ‘‘(5) passport number and country of issuance;

20 ‘‘(6) country of residence;

21 ‘‘(7) United States visa number, date, and place

22 of issuance, where applicable;

23 ‘‘(8) alien registration number, where applica24 ble;
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1 ‘‘(9) United States address while in the United

2 States; and

3 ‘‘(10) such other information the Attorney Gen4 eral, in consultation with the Secretary of State, and

5 the Secretary of Treasury determines as being nec6 essary for the identification of the persons trans7 ported and for the enforcement of the immigration

8 laws and to protect safety and national security.

9 ‘‘(d) APPROPRIATE OFFICIALS SPECIFIED.—An ap10 propriate official specified in this subsection is the master

11 or commanding officer, or authorized agent, owner, or con12 signee, of the commercial vessel or aircraft concerned.

13 ‘‘(e) DEADLINE FOR REQUIREMENT OF ELECTRONIC

14 TRANSMISSION OF MANIFEST INFORMATION.—Not later

15 than January 1, 2003, manifest information required to

16 be provided under subsection (a) or (b) shall be trans17 mitted electronically by the appropriate official specified

18 in subsection (d) to an immigration officer.

19 ‘‘(f) PROHIBITION.—No operator of any private or

20 public carrier that is under a duty to provide manifest in21 formation under this section shall be granted clearance pa22 pers until the appropriate official specified in subsection

23 (d) has complied with the requirements of this subsection,

24 except that in the case of commercial vessels, aircraft, or

25 land carriers that the Attorney General determines are
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1 making regular trips to the United States, the Attorney

2 General may, when expedient, arrange for the provision

3 of manifest information of persons departing the United

4 States at a later date.

5 ‘‘(g) PENALTIES AGAINST NONCOMPLYING SHIP6 MENTS, AIRCRAFT, OR CARRIERS.—If it shall appear to

7 the satisfaction of the Attorney General that an appro8 priate official specified in subsection (d), any public or pri9 vate carrier, or the agent of any transportation line, as

10 the case may be, has refused or failed to provide manifest

11 information required by subsection (a) or (b), or that the

12 manifest information provided is not accurate and full

13 based on information provided to the carrier, such official,

14 carrier, or agent, as the case may be, shall pay to the Com15 missioner the sum of $300 for each person with respect

16 to whom such accurate and full manifest information is

17 not provided, or with respect to whom the manifest infor18 mation is not prepared as prescribed by this section or

19 by regulations issued pursuant thereto. No commercial

20 vessel, aircraft, or land carrier shall be granted clearance

21 pending determination of the question of the liability to

22 the payment of such penalty, or while it remains unpaid,

23 and no such penalty shall be remitted or refunded, except

24 that clearance may be granted prior to the determination

25 of such question upon the deposit with the Commissioner
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1 of a bond or undertaking approved by the Attorney Gen2 eral or a sum sufficient to cover such penalty.

3 ‘‘(h) WAIVER.—The Attorney General may waive the

4 requirements of subsection (a) or (b) upon such cir5 cumstances and conditions as the Attorney General may

6 by regulation prescribe.’’.

7 (b) EXTENSION TO LAND CARRIERS.—Not later than

8 two years after the date of enactment of this Act, the

9 President shall conduct a study regarding the feasibility

10 of extending the requirements of subsections (a) and (b)

11 of section 231 of the Immigration and Nationality Act (8

12 U.S.C. 1221), as amended by subsection (a), to any com13 mercial carrier transporting persons by land to or from

14 the United States. The study shall focus on the manner

15 in which such requirement would be implemented to en16 hance the national security of the United States and the

17 efficient cross-border flow of commerce and persons.

18 (c) EFFECTIVE DATE.—The amendments made by

19 subsection (a) shall apply with respect to persons arriving

20 in, or departing from, the United States on or after the

21 date of enactment of this Act.

22 SEC. 403. TIME PERIOD FOR INSPECTIONS.

23 (a) REPEAL OF TIME LIMITATION ON INSPEC24 TIONS.—Section 286(g) of the Immigration and Nation25 ality Act (8 U.S.C. 1356(g)) is amended by striking ‘‘,
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1 within forty-five minutes of their presentation for inspec2 tion,’’.

3 (b) STAFFING LEVELS AT PORTS OF ENTRY.—The

4 Immigration and Naturalization Service shall staff ports

5 of entry at such levels that would be adequate to meet

6 traffic flow and inspection time objectives efficiently with7 out compromising the safety and security of the United

8 States. Estimated staffing levels under workforce models

9 for the Immigration and Naturalization Service shall be

10 based on the goal of providing immigration services de11 scribed in section 286(g) of such Act within 45 minutes

12 of a passenger’s presentation for inspection.

13 TITLE V—FOREIGN STUDENTS

14 AND EXCHANGE VISITORS

15 SEC. 501. FOREIGN STUDENT MONITORING PROGRAM.

16 (a) STRENGTHENING REQUIREMENTS FOR IMPLE17 MENTATION OF MONITORING PROGRAM.—

18 (1) MONITORING AND VERIFICATION OF INFOR19 MATION.—Section 641(a) of the Illegal Immigration

20 Reform and Immigrant Responsibility Act of 1996

21 (8 U.S.C. 1372(a)) is amended by adding at the end

22 the following:

23 ‘‘(3) ALIENS FOR WHOM A VISA IS RE24 QUIRED.—The Attorney General, in consultation
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1 with the Secretary of State, shall establish an elec2 tronic means to monitor and verify—

3 ‘‘(A) the issuance of documentation of ac4 ceptance of a foreign student by an approved

5 institution of higher education or other ap6 proved educational institution, or of an ex7 change visitor program participant by a des8 ignated exchange visitor program;

9 ‘‘(B) the transmittal of the documentation

10 referred to in subparagraph (A) to the Depart11 ment of State for use by the Bureau of Con12 sular Affairs;

13 ‘‘(C) the issuance of a visa to a foreign

14 student or an exchange visitor program partici15 pant;

16 ‘‘(D) the admission into the United States

17 of the foreign student or exchange visitor pro18 gram participant;

19 ‘‘(E) the notification to an approved insti20 tution of higher education, other approved edu21 cational institution, or exchange visitor program

22 sponsor that the foreign student or exchange

23 visitor participant has been admitted into the

24 United States;
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1 ‘‘(F) the registration and enrollment of

2 that foreign student in such approved institu3 tion of higher education or other approved edu4 cational institution, or the participation of that

5 exchange visitor in such designated exchange

6 visitor program, as the case may be; and

7 ‘‘(G) any other relevant act by the foreign

8 student or exchange visitor program partici9 pant, including a changing of school or des10 ignated exchange visitor program and any ter11 mination of studies or participation in a des12 ignated exchange visitor program.

13 ‘‘(4) REPORTING REQUIREMENTS.—Not later

14 than 30 days after the deadline for registering for

15 classes for an academic term of an approved institu16 tion of higher education or other approved edu17 cational institution for which documentation is

18 issued for an alien as described in paragraph (3)(A),

19 or the scheduled commencement of participation by

20 an alien in a designated exchange visitor program,

21 as the case may be, the institution or program, re22 spectively, shall report to the Immigration and Nat23 uralization Service any failure of the alien to enroll

24 or to commence participation.’’.
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1 (2) ADDITIONAL REQUIREMENTS FOR DATA TO

2 BE COLLECTED.—Section 641(c)(1) of the Illegal

3 Immigration Reform and Immigrant Responsibility

4 Act of 1996 (8 U.S.C. 1372(c)(1)) is amended—

5 (A) by striking ‘‘and’’ at the end of sub6 paragraph (C);

7 (B) by striking the period at the end of

8 subparagraph (D) and inserting ‘‘; and’’; and

9 (C) by adding at the end the following:

10 ‘‘(E) the date of entry and port of entry;

11 ‘‘(F) the date of the alien’s enrollment in

12 an approved institution of higher education,

13 other approved educational institution, or des14 ignated exchange visitor program in the United

15 States;

16 ‘‘(G) the degree program, if applicable, and

17 field of study; and

18 ‘‘(H) the date of the alien’s termination of

19 enrollment and the reason for such termination

20 (including graduation, disciplinary action or

21 other dismissal, and failure to re-enroll).’’.

22 (3) REPORTING REQUIREMENTS.—Section

23 641(c) of the Illegal Immigration Reform and Immi24 grant Responsibility Act of 1996 (8 U.S.C. 1372(c))
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1 is amended by adding at the end the following new

2 paragraph:

3 ‘‘(5) REPORTING REQUIREMENTS.—The Attor4 ney General shall prescribe by regulation reporting

5 requirements by taking into account the curriculum

6 calendar of the approved institution of higher edu7 cation, other approved educational institution, or ex8 change visitor program.’’.

9 (b) INFORMATION REQUIRED OF THE VISA APPLI10 CANT.—Prior to the issuance of a visa under subpara11 graph (F), subparagraph (M), or, with respect to an alien

12 seeking to attend an approved institution of higher edu13 cation, subparagraph (J) of section 101(a)(15) of the Im14 migration and Nationality Act (8 U.S.C. 1101(a)(15)),

15 each alien applying for such visa shall provide to a con16 sular officer the following information:

17 (1) The alien’s address in the country of origin.

18 (2) The names and addresses of the alien’s

19 spouse, children, parents, and siblings.

20 (3) The names of contacts of the alien in the

21 alien’s country of residence who could verify infor22 mation about the alien.

23 (4) Previous work history, if any, including the

24 names and addresses of employers.

25 (c) TRANSITIONAL PROGRAM.—
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1 (1) IN GENERAL.—Not later than 120 days

2 after the date of enactment of this Act and until

3 such time as the system described in section 641 of

4 the Illegal Immigration Reform and Immigrant Re5 sponsibility Act (as amended by subsection (a)) is

6 fully implemented, the following requirements shall

7 apply:

8 (A) RESTRICTIONS ON ISSUANCE OF

9 VISAS.—A visa may not be issued to an alien

10 under subparagraph (F), subparagraph (M), or,

11 with respect to an alien seeking to attend an

12 approved institution of higher education, sub13 paragraph (J) of section 101(a)(15) of the Im14 migration and Nationality Act (8 U.S.C.

15 1101(a)(15)), unless—

16 (i) the Department of State has re17 ceived from an approved institution of

18 higher education or other approved edu19 cational institution electronic evidence of

20 documentation of the alien’s acceptance at

21 that institution; and

22 (ii) the consular officer has adequately

23 reviewed the applicant’s visa record.

24 (B) NOTIFICATION UPON VISA

25 ISSUANCE.—Upon the issuance of a visa under
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1 section 101(a)(15) (F) or (M) of the Immigra2 tion and Nationality Act (8 U.S.C.

3 1101(a)(15)(F) or (M)) to an alien, the Sec4 retary of State shall transmit to the Immigra5 tion and Naturalization Service a notification of

6 the issuance of that visa.

7 (C) NOTIFICATION UPON ADMISSION OF

8 ALIEN.—The Immigration and Naturalization

9 Service shall notify the approved institution of

10 higher education or other approved educational

11 institution that an alien accepted for such insti12 tution or program has been admitted to the

13 United States.

14 (D) NOTIFICATION OF FAILURE OF EN15 ROLLMENT.—Not later than 30 days after the

16 deadline for registering for classes for an aca17 demic term, the approved institution of higher

18 education or other approved educational institu19 tion shall inform the Immigration and Natu20 ralization Service through data-sharing ar21 rangements of any failure of any alien described

22 in subparagraph (C) to enroll or to commence

23 participation.

24 (2) REQUIREMENT TO SUBMIT LIST OF AP25 PROVED INSTITUTIONS.—Not later than 30 days
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1 after the date of enactment of this Act, the Attorney

2 General shall provide the Secretary of State with a

3 list of all approved institutions of higher education

4 or other approved educational institutions that are

5 authorized to receive nonimmigrants under section

6 101(a)(15) (F) or (M) of the Immigration and Na7 tionality Act (8 U.S.C. 1101(a)(15)(F) or (M)).

8 (3) AUTHORIZATION OF APPROPRIATIONS.—

9 There are authorized to be appropriated such sums

10 as may be necessary to carry out this subsection.

11 SEC. 502. REVIEW OF INSTITUTIONS AND OTHER ENTITIES

12 AUTHORIZED TO ENROLL OR SPONSOR CER13 TAIN NONIMMIGRANTS.

14 (a) PERIODIC REVIEW OF COMPLIANCE.—The Com15 missioner of Immigration and Naturalization, in consulta16 tion with the Secretary of Education, shall conduct peri17 odic reviews of the institutions certified to receive non18 immigrants under section 101(a)(15) (F), (M), or (J) of

19 the Immigration and Nationality Act (8 U.S.C.

20 1101(a)(15)(F), (M), or (J)). Each review shall determine

21 whether the institutions are in compliance with—

22 (1) recordkeeping and reporting requirements

23 to receive nonimmigrants under section 101(a)(15)

24 (F), (M), or (J) of that Act (8 U.S.C.

25 1101(a)(15)(F), (M), or (J)); and
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1 (2) recordkeeping and reporting requirements

2 under section 641 of the Illegal Immigration Reform

3 and Immigrant Responsibility Act of 1996 (8 U.S.C.

4 1372).

5 (b) PERIODIC REVIEW OF SPONSORS OF EXCHANGE

6 VISITORS.—

7 (1) REQUIREMENT FOR REVIEWS.—The Sec8 retary of State shall conduct periodic reviews of the

9 entities designated to sponsor exchange visitor pro10 gram participants under section 101(a)(15)(J) of

11 the Immigration and Nationality Act (8 U.S.C.

12 1101(a)(15)(J)).

13 (2) DETERMINATIONS.—On the basis of reviews

14 of entities under paragraph (1), the Secretary shall

15 determine whether the entities are in compliance

16 with—

17 (A) recordkeeping and reporting require18 ments to receive nonimmigrant exchange visitor

19 program participants under section

20 101(a)(15)(J) of the Immigration and Nation21 ality Act (8 U.S.C. 1101(a)(15)(J)); and

22 (B) recordkeeping and reporting require23 ments under section 641 of the Illegal Immigra24 tion Reform and Immigrant Responsibility Act

25 of 1996 (8 U.S.C. 1372).
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1 (c) EFFECT OF FAILURE TO COMPLY.—Failure of an

2 institution or other entity to comply with the record3 keeping and reporting requirements to receive non4 immigrant students or exchange visitor program partici5 pants under section 101(a)(15) (F), (M), or (J) of the

6 Immigration and Nationality Act (8 U.S.C. 1101(a)(15)

7 (F), (M), or (J)), or section 641 of the Illegal Immigration

8 Reform and Immigrant Responsibility Act of 1996 (8

9 U.S.C. 1372), may, at the election of the Commissioner

10 of Immigration and Naturalization or the Secretary of

11 State, result in the termination, suspension, or limitation

12 of the institution’s approval to receive such students or

13 the termination of the other entity’s designation to spon14 sor exchange visitor program participants, as the case may

15 be.

16 TITLE VI—MISCELLANEOUS

17 PROVISIONS

18 SEC. 601. EXTENSION OF DEADLINE FOR IMPROVEMENT IN

19 BORDER CROSSING IDENTIFICATION CARDS.

20 Section 104(b)(2) of the Illegal Immigration Reform

21 and Immigrant Responsibility Act of 1996 (8 U.S.C. 1101

22 note) is amended by striking ‘‘5 years’’ and inserting ‘‘6

23 years’’.

24 SEC. 602. GENERAL ACCOUNTING OFFICE STUDY.

25 (a) REQUIREMENT FOR STUDY.—
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1 (1) IN GENERAL.—The Comptroller General of

2 the United States shall conduct a study to determine

3 the feasibility and utility of implementing a require4 ment that each nonimmigrant alien in the United

5 States submit to the Commissioner of Immigration

6 and Naturalization each year a current address and,

7 where applicable, the name and address of an em8 ployer.

9 (2) NONIMMIGRANT ALIEN DEFINED.—In para10 graph (1), the term ‘‘nonimmigrant alien’’ means an

11 alien described in section 101(a)(15) of the Immi12 gration and Nationality Act (8 U.S.C. 1101(a)(15)).

13 (b) REPORT.—Not later than 1 year after the date

14 of enactment of this Act, the Comptroller General shall

15 submit to Congress a report on the results of the study

16 under subsection (a). The report shall include the Comp17 troller General’s findings, together with any recommenda18 tions that the Comptroller General considers appropriate.

19 SEC. 603. INTERNATIONAL COOPERATION.

20 (a) INTERNATIONAL ELECTRONIC DATA SYSTEM.—

21 The Secretary of State and the Commissioner of Immigra22 tion and Naturalization, in consultation with the Assistant

23 to the President for Homeland Security, shall jointly con24 duct a study of the alternative approaches (including the

25 costs of, and procedures necessary for, each alternative ap-
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1 proach) for encouraging or requiring Canada, Mexico, and

2 countries treated as visa waiver program countries under

3 section 217 of the Immigration and Nationality Act to de4 velop an intergovernmental network of interoperable elec5 tronic data systems that—

6 (1) facilitates real-time access to that country’s

7 law enforcement and intelligence information that is

8 needed by the Department of State and the Immi9 gration and Naturalization Service to screen visa ap10 plicants and applicants for admission into the

11 United States to identify aliens who are inadmissible

12 or deportable under the Immigration and Nationality

13 Act (8 U.S.C. 1101 et seq.);

14 (2) is interoperable with the electronic data sys15 tem implemented under section 202; and

16 (3) performs in accordance with implementation

17 of the technology standard referred to in section

18 202(a).

19 (b) REPORT.—Not later than 1 year after the date

20 of enactment of this Act, the Secretary of State and the

21 Attorney General shall submit to the appropriate commit22 tees of Congress a report setting forth the findings of the

23 study conducted under subsection (a).
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1 SEC. 604. STATUTORY CONSTRUCTION.

2 Nothing in this Act shall be construed to impose re3 quirements that are inconsistent with the North American

4 Free Trade Agreement or to require additional documents

5 for aliens for whom documentary requirements are waived

6 under section 212(d)(4)(B) of the Immigration and Na7 tionality Act (8 U.S.C. 1182(d)(4)(B)).

8 SEC. 605. ANNUAL REPORT ON ALIENS WHO FAIL TO AP9 PEAR AFTER RELEASE ON OWN RECOG10 NIZANCE.

11 (a) REQUIREMENT FOR REPORT.—Not later than

12 January 15 of each year, the Attorney General shall sub13 mit to the appropriate committees of Congress a report

14 on the total number of aliens who, during the preceding

15 year, failed to attend a removal proceeding after having

16 been arrested outside a port of entry, served a notice to

17 appear under section 239(a)(1) of the Immigration and

18 Nationality Act (8 U.S.C. 1229(a)(1)), and released on

19 the alien’s own recognizance. The report shall also take

20 into account the number of cases in which there were de21 fects in notices of hearing or the service of notices of hear22 ing, together with a description and analysis of the effects,

23 if any, that the defects had on the attendance of aliens

24 at the proceedings.

25 (b) INITIAL REPORT.—Notwithstanding the time for

26 submission of the annual report provided in subsection (a),
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1 the report for 2001 shall be submitted not later than 6

2 months after the date of enactment of this Act.

3 SEC. 606. RETENTION OF NONIMMIGRANT VISA APPLICA4 TIONS BY THE DEPARTMENT OF STATE.

5 The Department of State shall retain, for a period

6 of seven years from the date of application, every applica7 tion for a nonimmigrant visa under section 101(a)(15) of

8 the Immigration and Nationality Act (8 U.S.C.

9 1101(a)(15)) in a form that will be admissible in the

10 courts of the United States or in administrative pro11 ceeding, including removal proceedings under such Act,

12 without regard to whether the application was approved

13 or denied.

14 SEC. 607. EXTENSION OF DEADLINE FOR CLASSIFICATION

15 PETITION AND LABOR CERTIFICATION FIL16 INGS.

17 (a) IN GENERAL.—Section 245(i)(1) of the Immigra18 tion and Nationality Act (8 U.S.C. 1255(i)(1)) is

19 amended—

20 (1) in subparagraph (B)—

21 (A) in clause (i), by striking ‘‘on or before

22 April 30, 2001; or’’ and inserting ‘‘on or before

23 the earlier of November 30, 2002, and the date

24 that is 120 days after the date on which the At25 torney General first promulgates final or in-
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1 terim final regulations to carry out the amend2 ments made by section 607(a) of the Enhanced

3 Border Security and Visa Entry Reform Act of

4 2002; or’’; and

5 (B) in clause (ii) by striking ‘‘on or before

6 such date; and’’ and inserting ‘‘before August

7 15, 2001;’’;

8 (2) in subparagraph (C), by adding ‘‘and’’ at

9 the end; and

10 (3) by inserting after subparagraph (C) the fol11 lowing:

12 ‘‘(D) who, in the case of a beneficiary of a peti13 tion for classification described in subparagraph

14 (B)(i) that was filed after April 30, 2001, dem15 onstrates that—

16 ‘‘(i) the familial relationship that is the

17 basis of such petition for classification existed

18 before August 15, 2001; or

19 ‘‘(ii) the application for labor certification

20 under section 212(a)(5)(A) that is the basis of

21 such petition for classification was filed before

22 August 15, 2001;’’.

23 (b) EFFECTIVE DATE.—The amendments made by

24 subsection (a) shall take effect as if included in the enact25 ment of the Legal Immigration Family Equity Act (114
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1 Stat. 2762A–142 et seq.), as enacted into law by section

2 1(a)(2) of Public Law 106–553.

Attest:

Clerk.